Arizona Revised Statutes Title 45 - Waters
Chapter 1 ADMINISTRATION AND GENERAL PROVISIONS
Article 1 Department of Water Resources
- § 45-101 Definitions
In this title, unless the context otherwise requires: 1. " Appropriator" means the person or persons initiating or perfecting the right to use appropriable...
- § 45-102 Department Of Water Resources; Director; Appointment; Qualifications; Compensation
A. There is established a department of water resources. B. There shall be a director of the department who shall be responsible for the...
- § 45-103 Scope Of Authority And Responsibility Of Department And Director
A. The department, through the director, succeeds to the authority, powers, duties and responsibilities of the Arizona water commission and the state water engineer...
- § 45-104 Department Organization; Deputy Directors; Employees; Legal Counsel; Branch Offices; Consultants
A. The director may establish and organize divisions within the department and otherwise organize the department in the manner the director deems necessary to...
- § 45-105 Powers And Duties Of Director
A. The director may: 1. Formulate plans and develop programs for the practical and economical development, management, conservation and use of surface water, groundwater...
- § 45-106 Limitation Of Powers
An agreement entered into between the director and the United States or a state or government involving a sovereign right or claim of this...
- § 45-107 Cooperation With The Secretary Of The Interior Of The United States
A. The director is authorized, for and on behalf of the state of Arizona, to consult, advise and cooperate with the secretary of the...
- § 45-107.01 Waiver Of Rights To Return Flow Credits
Before the beginning of each accounting year on the Colorado river, the director may consider a request by the secretary of the interior or...
- § 45-108 Evaluation Of Subdivision Water Supply; Definition
A. In areas outside of active management areas established pursuant to chapter 2, article 2 of this title, the developer of a proposed subdivision...
- § 45-108.01 Application For Water Report Or Designation Of Adequate Water Supply; Notice; Objections; Hearing; Appeals
A. On receipt of an application for a water report or an application by a city, town or private water company to be designated...
- § 45-108.02 Exemption From Adequate Water Supply Requirements For City, Town Or County Based On Substantial Capital Investment; Application; Criteria; Expiration
A. If the director determines pursuant to section 45-108 that an adequate water supply does not exist for a proposed subdivision and the proposed...
- § 45-108.03 Exemption From Adequate Water Supply Requirements For City, Town Or County Based On An Adequate Water Supply Within Twenty Years; Criteria; Application
A. If a proposed subdivision is located in a city, town or county that requires an adequate water supply determination by the director as...
- § 45-108.04 Definition Of Adequate Water Supply; Upper San Pedro Water District
For the purposes of section 45-108, if the upper San Pedro water district is established under title 48, chapter 37 for proposed uses in...
- § 45-108.05 Water Supply Definitions
The director shall post and maintain on the department's website definitions of the following subdivision water supply terms that apply to areas outside of...
- § 45-108.06 Water Provider Water Supply Information; Definitions
A. On or after January 1, 2009, at the request of any person, all cities, towns and private water companies outside of an active...
- § 45-109 Division Of State Into Water Districts; District Water Superintendent
A. The director shall divide the state into water districts with reference to drainage watersheds in order to secure the best protection to claimants...
- § 45-110 Duties Of Superintendent; Injunctive Relief Of Injured Water User
A. The superintendent of each water district shall: 1. Divide the water of the sources of supply of his district among the several ditches...
- § 45-111 Annual Report By Director
On or before July 1 each year the director shall render to the governor and the legislature a full and true report of the...
- § 45-112 Violations; Classification; Enforcement
A. A person is guilty of a class 2 misdemeanor who: 1. Knowingly and without authority opens, closes, changes or interferes with a lawfully...
- § 45-113 Fees; Refunds
A. Except as otherwise prescribed, the director shall establish by rule and shall collect reasonable fees to cover the costs of administrative services and...
- § 45-114 Administrative Proceedings; Rehearing Or Review; Judicial Review
A. Administrative proceedings under this title are subject to title 41, chapter 6, article 10, except for administrative proceedings under section 45-476.01. If an...
- § 45-115 Production And Copying Fund; Use; Account; Nonreversion
A. The department of water resources production and copying fund is established consisting of monies paid to the department for publications produced by the...
- § 45-116 Publication And Mailing Fund; Use; Account; Nonreversion
A. The department of water resources publication and mailing fund is established consisting of monies paid to the department for the publication and mailing...
- § 45-117 Water Resources Fund; Purpose; Monies Held In Trust
A. The water resources fund is established to be maintained in perpetuity consisting of: 1. Except as provided in section 45-113, subsection F, monies...
Article 3 Bodies of Water
- § 45-131 Definitions
In this article, unless the context otherwise requires: 1. " Body of water" means a body of water in an active management area established...
- § 45-132 Filling Large Bodies Of Water For Landscape, Scenic Or Recreational Purposes Prohibited; Exceptions; Preemption
A. Except as provided in subsection B of this section, in an active management area established under chapter 2 of this title, a person...
- § 45-133 Permit For Interim Water Use; Application; Fee; Surcharge On Use Of Groundwater
A. A person otherwise subject to the prohibitions of section 45-132 may use groundwater withdrawn pursuant to a type 1 or type 2 non-irrigation...
- § 45-134 Temporary Emergency Permit For Use Of Surface Water Or Groundwater In Body Of Water
A. The director may issue a temporary, emergency permit authorizing the use of surface water or groundwater in a body of water that is...
- § 45-135 Inspections; Investigations
A. The director or the director's authorized representative may enter at reasonable times on private or public property where a body of water is...
- § 45-136 Cease And Desist Order; Temporary Cease And Desist Order; Hearings; Injunctive Relief
A. Except as provided by subsection B of this section, if the director has reason to believe that a person is violating or has...
- § 45-137 Civil Penalties
A. A person who is determined pursuant to section 45-136 to be in violation of any provision of this article, a permit or order...
- § 45-138 Burden Of Proof
A person who claims in a hearing held pursuant to section 45-136 or in a civil action that he is not violating or has...
- § 45-139 Violation; Classification
A. Unless otherwise specified, a person who knowingly violates or refuses to comply with any provision of this article, a permit or order issued...
- § 45-139.01 Notice Of Source Of Water Used To Fill Or Refill Body Of Water
A person who, after December 31, 1986, begins the physical on-site construction of a body of water located in a subdivision as defined in...
- § 45-139.02 Effect On Legal Status Of Effluent
Nothing in this article shall be construed to determine the legal status of effluent.
Article 4 Public Nature and Use of Surface Water
Article 5 Appropriation of Water
- § 45-151 Right Of Appropriation; Permitted Uses; Water Rights In Stockponds; Federal Lands
A. Any person, the state of Arizona or a political subdivision thereof may appropriate unappropriated water for domestic, municipal, irrigation, stock watering, water power,...
- § 45-152 Application For Permit To Appropriate Water
A. Any person, including the United States, the state or a municipality, intending to acquire the right to the beneficial use of water, shall...
- § 45-152.01 Instream Flow Applications; Process; Definition
A. In addition to the information prescribed in section 45-152, any person, including the United States, this state or a municipality, who files an...
- § 45-153 Criteria For Approval Or Rejection Of Applications; Restrictions On Approval
A. The director shall approve applications made in proper form for the appropriation of water for a beneficial use, but when the application or...
- § 45-154 Correction Of Defective Application
Upon receipt of the application, the director shall endorse on the application the date of its receipt and keep a record of applications received....
- § 45-155 Requiring Additional Information On Application
A. Before approving or rejecting the application, the director may require additional information to enable it to protect properly the public interest and may,...
- § 45-156 Legislative Authorization For Appropriation Of Water To Generate Power; Change In Use
A. An application for appropriation of waters of a stream within the state for generating electric energy in excess of twenty-five thousand horsepower, or...
- § 45-157 Relative Value Of Uses
A. As between two or more pending conflicting applications for the use of water from a given water supply, when the capacity of the...
- § 45-158 Effect Of Approval Or Rejection Of Application
The approval or rejection of an application for the appropriation of water shall be endorsed on the application, a record of the action kept...
- § 45-159 Conditions Of Acceptance Of Permit
An applicant accepts a permit to appropriate water upon the condition that no value in excess of the amount paid to the state shall...
- § 45-160 Limitation On Time Of Completion Of Construction; Exception
Actual construction, except under applications by a city or town for municipal uses, shall begin within two years after approval of the application, and...
- § 45-161 Applications For Reservoir Permits; Secondary Permits For Water
A. Applications for reservoir permits shall be governed by this article, except that the lands proposed to be irrigated from the works need not...
- § 45-162 Certificate Of Water Right; Time Limitation On Use Of Water For Power Purposes
A. When it appears to the satisfaction of the director that an appropriation has been perfected and a beneficial use completed in accordance with...
- § 45-163 Assignments
Applications, permits and certificates of water right filed or issued pursuant to this chapter and statements of claim filed pursuant to article 7 of...
- § 45-164 Registry; Reporting
A. The director shall establish and maintain a registry of applications, permits and certificates of water right filed or issued pursuant to this chapter...
- § 45-165 Application For Interstate Operations
Except as provided by article 11 of this chapter, an application for appropriation of water shall not be denied because the point of diversion...
- § 45-166 Approval For Appropriation Of Waters For Generating Electric Energy
A. The consumptive use of up to thirty-four thousand one hundred acre feet of water per year chargeable to the water apportioned to the...
Article 6 Rights to Water
Article 7 Water Rights Registration
- § 45-181 Definitions
In this article, unless the context otherwise requires: 1. " Beneficial use" includes but is not limited to use for domestic, municipal, recreation, wildlife,...
- § 45-182 Claim Of Right To Withdraw, Divert Or Use Public Waters; Exception; Administration By Director Of Water Resources
A. Except as provided by subsections B and E of this section, all persons who before the effective date of this amendment to this...
- § 45-183 Contents Of Statement Of Claim; Filing Procedure; Fee
A. The statement of claim for each water right shall include the following: 1. The name and mailing address of the person filing the...
- § 45-184 Waiver And Relinquishment Of Water Right
Any person who is claiming the right to divert or withdraw public waters of the state based on state law and who fails to...
- § 45-185 Filing Of Claim Not Deemed Adjudication Of Right; Presumption; Exemption
A. The filing of a statement of claim under this article does not constitute an adjudication of any claim to the right to the...
- § 45-186 Water Rights Claims Registry
All claims set forth pursuant to this article shall be filed in a water rights claims registry in such a manner as deemed appropriate...
- § 45-187 No Rights Acquired By Adverse Use Or Adverse Possession
Beginning on May 21, 1974, no rights to the use of public waters of the state may be acquired by adverse use or adverse...
- § 45-188 Future Rights Acquired Through Appropriation; Rights Within Service Area Of Agricultural Or Municipal Provider
A. Any person who is entitled to divert or withdraw public waters of the state through an appropriation initiated on or after June 12,...
- § 45-189 Reversion Of Rights Due To Nonuse; Notice; Hearing; Order; Exception
A. When it appears to the director that a person entitled to the use of water has not beneficially used all or a portion...
- § 45-190 Overstating Claim; Classification
The filing of a statement of claim pursuant to this article which knowingly provides for an overstatement of a right either in quantities of...
Article 8 Reservoirs and Canals
Article 9 General Adjudication of Water Rights
- § 45-251 Definitions
In this article, unless the context otherwise requires: 1. " Domestic use" means a single appropriative water right serving a residence, or multiple residences...
- § 45-252 General Adjudication; Representation; Superior Court; Assignment To Judge; Petition
A. One or more water users upon a river system and source, the water rights of which have not been previously adjudicated under this...
- § 45-253 Service Of Summons; Statement Of Claimant Form; Record
A. Personal service of the summons and petition shall not be required. The court shall order that: 1. The clerk of the court issue...
- § 45-254 Statement Of Claimant; Filing; Information To Be Included; Verification; Failure To File; Fees
A. Each potential claimant who is served shall present in writing the particulars of his claim on the court-approved statement of claimant form and...
- § 45-255 Appointment Of Master; Compensation
A. The superior court judge assigned to the adjudication may appoint a master or masters under rule 53 of the Arizona rules of civil...
- § 45-256 Technical Assistance Of Director; Report
A. The court or the master shall request technical assistance from the director in all aspects of the general adjudication with respect to which...
- § 45-257 Hearings; Report Of Master; Final Judgment By Court; Administration And Enforcement Of Decree
A. The master shall: 1. After due notice, conduct such hearings and take such testimony as shall be necessary to determine the relative water...
- § 45-258 Summary Adjudication Of De Minimis Water Uses
A. A stockpond with an applicable prior filing or decree and with a claimed capacity of fifteen acre-feet or less set forth in the...
- § 45-259 Rules Governing General Adjudications
The general adjudication is governed in all respects by the Arizona rules of evidence, the Arizona rules of civil procedure and any other procedural...
- § 45-260 General Adjudication Fund
A. The general adjudication fund is established. All money appropriated to effect service of process and notices on potential claimants pursuant to section 45-253,...
- § 45-261 Presumption In Favor Of Prior Filings And Decrees
A. Except as otherwise specifically provided in this article and to the extent that water rights have not been forfeited or abandoned, the director,...
- § 45-262 Settlement Of Indian Claims; Effect
Contributions of surface water by an appropriator to an Indian water rights settlement shall not diminish the appropriator's decreed water right pursuant to section...
- § 45-263 State Law Applicable; Public Trust Inapplicable
A. State law, including all defenses available under state law, applies to the adjudication of all water rights initiated or perfected pursuant to state...
- § 45-264 Joint Legislative Adjudication Monitoring Committee
A. A joint legislative committee shall be appointed to monitor the progress of general adjudications and the status of their funding. The committee shall...
Article 10 Registration of Stockponds
- § 45-271 Definition Of Stockpond
In this article, unless the context otherwise requires, " stockpond" means a pond having a capacity of not more than fifteen acre feet that...
- § 45-272 Water Rights In Stockponds; Priority
A. The owner of any stockpond constructed after June 12, 1919 and prior to August 27, 1977, the capacity of which is not in...
- § 45-273 Claim Of Water Right; Penalty; Fee
A. A claim of water right for a stockpond and application for certification of such right shall be typewritten or legibly written in ink...
- § 45-274 Notice Of Claims; Protest; Grounds; Contents
A. The director shall issue and deliver a notice of each claim to water users who, in the judgment of the director, might be...
- § 45-275 Investigation, Hearing And Certification Of Claims
A. Upon receipt of a claim, the director shall conduct such investigation as in the director's judgment is necessary to certify the water right....
- § 45-276 Statement Of Continuing Use; Revocation Of Certification
A. Once every five years, and at such other times as the director deems appropriate, the director shall require certificate holders to furnish a...
Article 11 Exportation of Water From This State
- § 45-291 Definition Of Person
In this article, unless the context otherwise requires, " person" means an individual, public or private corporation, company, partnership, firm, association, society, estate, trust,...
- § 45-292 Approval Required To Transport Water Out Of State; Application; Fee; Criteria; Hearing
A. A person may withdraw, or divert, and transport water from this state for a reasonable and beneficial use in another state if approved...
- § 45-293 Compliance Monitoring, Reports And Notices; Jurisdiction
A. The director shall monitor compliance with the terms and conditions prescribed for transporting and using the water out of this state and shall...
- § 45-294 Limited Nonapplicability
Nothing in this article is intended to prescribe nor shall it be interpreted to prescribe the terms, conditions or rules for the transportation of...
Article 12 Water Conservation Plumbing Requirements
- § 45-311 Definitions
In this article, unless the context otherwise requires: 1. " Commercial, industrial and public construction" means buildings used for commercial, industrial or public purposes,...
- § 45-312 Prohibited Plumbing Fixtures; Residential Construction
Except as provided in sections 45-315 and 45-319, beginning January 1, 1994, no person may distribute, sell, offer for sale, import or install any...
- § 45-313 Prohibited Plumbing Fixtures; Commercial, Industrial And Public Construction
Except as provided in sections 45-315 and 45-319, beginning January 1, 1994, no person may distribute, sell, offer for sale, import or install any...
- § 45-313.01 Water Free Urinals; State Buildings
Every effort shall be made to install water free urinals in all new state buildings constructed after the effective date of this section that...
- § 45-314 Labeling Fixtures; Violation
A. Before sale by any person who manufactures or distributes to a wholesaler or retailer any plumbing fixture for use in this state, each...
- § 45-315 Waiver Of Requirements; Unavailability; Health Or Safety Requirements
A. If a water conserving plumbing fixture required by this article is unavailable from any reasonable source for a period of more than thirty...
- § 45-316 Violation; Civil Penalties
A. A person who knowingly violates any provision of this article is subject to a civil penalty of not more than one hundred dollars...
- § 45-317 Inspections
The director or the director's authorized representative shall, during normal business hours, have access to places where distributors or retailers sell, store or maintain...
- § 45-318 Cease And Desist Order; Hearing; Injunctive Relief
A. If the director, or a local official designated pursuant to section 9-500.08 or 11-251.09, has reason to believe that a person is violating...
- § 45-319 Exception; Preemption
A. The requirements of this article do not apply to any plumbing fixture that is documented to have been purchased by a plumbing wholesaler,...
- § 45-320 Rules
The director may adopt any rules that are deemed necessary to carry out the purposes of this article. The director may adopt, by rule,...
Article 13 Colorado River Water Use Fee
Article 14 Community Water System Planning and Reporting Requirements
Article 15 Watershed Improvement Program
Chapter 2 GROUNDWATER CODE
Article 1 Administration
Article 2 Active Management Areas
- § 45-411 Initial Active Management Areas; Maps
A. Four initial active management areas are established on the effective date of this section. The four initial active management areas are: 1. The...
- § 45-411.01 Exemptions From Irrigation Water Duties, Conservation Requirements For Distribution Of Groundwater And Portions Of Groundwater Withdrawal Fee For Portions Of Phoenix Active Management Area; Fee; Review
A. Each person who is entitled to use groundwater pursuant to an irrigation grandfathered right under article 5 of this chapter on irrigation acres...
- § 45-411.02 Modification Of Boundaries Of Tucson Active Management Area; Map
A. Beginning July 1, 1994, the boundaries of the Tucson active management area are modified to exclude the portion of the upper Santa Cruz...
- § 45-411.03 Santa Cruz Active Management Area; Map
A. Beginning July 1, 1994, the Santa Cruz active management area is established as an initial active management area which consists of a portion...
- § 45-411.04 Declaration Of Policy And Intent; Santa Cruz Active Management Area
A. The legislature finds that the hydrology and water resource management issues within the upper Santa Cruz river basin are unique due to the...
- § 45-412 Subsequent Active Management Areas; Criteria; Review Of Groundwater Basins Not Subject To Active Management
A. The director may designate an area which is not included within an initial active management area, pursuant to section 45-411, as a subsequent...
- § 45-413 Hearing On Designation Of Subsequent Active Management Areas And Boundaries; Notice; Procedures
A. If the director proposes to designate a subsequent active management area pursuant to section 45-412, subsection A, the director shall hold a public...
- § 45-414 Findings Upon Hearing; Order For Active Management Area; Publication
A. Within thirty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered...
- § 45-415 Local Initiation For Active Management Area; Procedures
A. A groundwater basin which is not included within an initial active management area may be designated an active management area upon petition by...
- § 45-416 Limitation On Number Of Irrigated Acres
A. If the director initiates the procedure for designating a subsequent active management area or the board of supervisors calls an election to establish...
- § 45-417 Review And Modification Of Boundaries Of Subsequent Active Management Area
A. The director may review and modify the boundaries of a subsequent active management area or any of its sub-basins as conditions require and...
- § 45-418 Area Director; Appointment; Qualifications; Compensation
A. The director shall appoint an area director for each active management area. For reasons of economy and efficiency in administration, one person may...
- § 45-419 Duties Of Area Director
The area director shall: 1. Assist the director in the development of the management plan for the active management area and implement the plan...
- § 45-420 Groundwater Users Advisory Councils; Appointment; Representation Of Water Users; Term; Compensation
A. There shall be a groundwater users advisory council in each active management area consisting of five members. Members of the council shall be...
- § 45-421 Administrative Duties Of The Groundwater Users Advisory Councils
The groundwater users advisory council shall: 1. Advise the area director for the active management area, make recommendations on groundwater management programs and policies...
Article 3 Irrigation Non-Expansion Areas
- § 45-431 Initial Irrigation Non-Expansion Areas
The Douglas critical groundwater area and the Joseph City critical groundwater area, delineated in the orders of the state land commissioner dated May 5,...
- § 45-432 Subsequent Irrigation Non-Expansion Areas; Designation; Review
A. The director may designate an area which is not included within an active management area as a subsequent irrigation non-expansion area if the...
- § 45-433 Local Initiation For Designation; Procedures
A. The designation of a subsequent irrigation non-expansion area may be initiated by the director or by petition to the director signed by either:...
- § 45-434 Limitation On Number Of Irrigated Acres
A. If procedures are initiated, whether by the director or by petition, for designating an irrigation non-expansion area, an irrigation user may irrigate within...
- § 45-435 Hearing On Designation Of Subsequent Irrigation Non-Expansion Areas And Boundaries; Notice; Procedures
A. If the director finds that an area which is not included within an active management area meets the criteria specified in section 45-432,...
- § 45-436 Findings Upon Hearing; Order For Irrigation Non-Expansion Area; Publication
A. Within thirty days after the hearing, the director shall make and file in the director's office written findings with respect to matters considered...
- § 45-437 Irrigated Acreage; Water Measuring Device; Annual Report Of Groundwater Pumping; Penalty; Transportation; Exemption
A. In an initial irrigation non-expansion area established pursuant to section 45-431, except as provided in subsection E of this section, only acres of...
- § 45-437.01 Substitution Of Irrigated Acreage In An Irrigation District; Central Arizona Project Water
In an irrigation non-expansion area, a person who owns acres of land which may be irrigated pursuant to section 45-437 may apply to the...
- § 45-437.02 Flood Damaged Acres; Substitution Of Acres; Definitions
A. In an irrigation non-expansion area, a person who owns acres of land which may be irrigated pursuant to section 45-437 may permanently retire...
- § 45-437.03 Impediments To Efficient Irrigation; Substitution Of Acres; Definitions
A. In an irrigation non-expansion area, a person who owns acres of land which are contiguous and which may be irrigated pursuant to section...
- § 45-438 Review And Modification Of Boundaries Of Irrigation Non-Expansion Areas
A. The director may review and modify the boundaries of an irrigation non-expansion area as conditions require and factual data justify. B. The director...
- § 45-439 Conversion From Irrigation Non-Expansion Area To Active Management Area; Director; Local Initiation; Procedures
A. The director may designate an irrigation non-expansion area as an active management area if the director determines that the irrigation non-expansion area meets...
- § 45-440 Subsequent Irrigation Non-Expansion Area; Limitation On Use Of Groundwater
A. Except as provided in subsection B of this section, in a subsequent irrigation non-expansion area from which groundwater may be withdrawn and transported...
Article 4 Groundwater Rights and Uses in General
Article 5 Grandfathered Groundwater Rights in Active Management Areas
- § 45-461 Definitions
In this article, unless the context otherwise requires: 1. " Certificate of exemption" means a certificate which was issued by the state land department...
- § 45-462 Grandfathered Groundwater Rights; Persons Included; Certificate Of Exemption Amount Is Legal Use
A. In an active management area, a person who was legally withdrawing and using groundwater as of the date of the designation of the...
- § 45-463 Type 1 Non-Irrigation Grandfathered Right Associated With Retired Irrigated Land; Appurtenancy; Ownership
A. In an initial active management area, a person who owns land which was legally entitled to be irrigated with groundwater and who retired...
- § 45-464 Type 2 Non-Irrigation Grandfathered Right Not Associated With Retired Irrigated Land; Determination Of Amount; Definition; Ownership
A. In an active management area, a person who owns land from which groundwater was being legally withdrawn and used for a non-irrigation purpose...
- § 45-465 Irrigation Grandfathered Right; Determination Of Acres Entitled To And Amount; Appurtenancy
A. In an active management area, a person who owns land which was legally irrigated in whole or in part with groundwater at any...
- § 45-465.01 Flood Damaged Acres; Substitution Of Acres; Definition
A. A person who owns acres of land within an initial active management area which were legally irrigated at any time during the five...
- § 45-465.02 Impediments To Efficient Irrigation; Substitution Of Acres; Definitions
A. A person who owns acres of land described on a certificate of irrigation grandfathered right which have not been retired from irrigation for...
- § 45-465.03 Right To Use Groundwater For Domestic And Stockwatering Purposes Incidental To Irrigation Grandfathered Right; Definitions
A. In an initial active management area, a person who holds a certificate of irrigation grandfathered right has the right to withdraw annually up...
- § 45-466 Limitations On Use Of Irrigation Water Duty; Deliveries Of Water In Excess Of Irrigation Water Duty
A. The irrigation water duty shall be used to determine the maximum amount of groundwater which may be used pursuant to section 45-465, subsection...
- § 45-467 Withdrawals In Excess Of Irrigation Grandfathered Right; Withdrawals Less Than Irrigation Grandfathered Right; Flexibility Account; Conveyances; Variance; Exemption
A. A person who is entitled to use groundwater pursuant to an irrigation grandfathered right may: 1. In an active management area other than...
- § 45-468 Accounting Of Water By Persons Delivering A Combination Of Surface Water And Groundwater For Irrigation Uses
A. A person delivering a combination of surface water or effluent, or both, and groundwater for irrigation uses shall prior to the beginning of...
- § 45-469 Right To Retire Irrigation Grandfathered Right For Non‑irrigation Use; Development Plan Approval; Amendment Of Plan; Approval Of Plan Prior To Retirement; Amount Withdrawn; Service Area Determined; Restoration Of Retired Irrigation Grandfathered Right
A. Except as provided in section 45-480, subsection F and subsection P of this section, except as provided in subsection I of this section,...
- § 45-470 Use Of Type 1 Non-Irrigation Grandfathered Right By Original Owner; Definition
A. Except as provided in section 45-469, subsection I, or as provided in subsection B of this section, the original owner of a type...
- § 45-471 Use Of Type 2 Non-Irrigation Grandfathered Right By Owner
A. The owner of a type 2 non-irrigation grandfathered right pursuant to section 45-464 may use groundwater withdrawn pursuant to the right for any...
- § 45-472 Conveyance Of Irrigation Grandfathered Right; Within Service Area; Outside Service Area; Change To Non‑irrigation Grandfathered Right; Forfeiture Of Right To Convey To Non‑irrigation Use; Definition
A. The owner of an irrigation grandfathered right may convey the right only with the land to which the right is appurtenant. B. If...
- § 45-473 Conveyance Of Type 1 Non-Irrigation Grandfathered Right; Use By New Owner; Appurtenancy; Within Service Area; Outside Service Area; Definition
A. The owner of a type 1 non-irrigation grandfathered right may convey the right only for a non-irrigation use and only with the land...
- § 45-473.01 Conditions On Using Groundwater Withdrawn Pursuant To Rights Acquired Under Sections 45-472 And 45-473
A person to whom an irrigation grandfathered right is conveyed for a non-irrigation use after the effective date of this section pursuant to section...
- § 45-474 Conveyance Of Type 2 Non-Irrigation Grandfathered Right; Amount
A. The owner of a type 2 non-irrigation grandfathered right may convey the right for any non-irrigation use, except that: 1. A type 2...
- § 45-475 Determination Of Exterior Boundaries Of Service Area For Purposes Of Conveyances
For purposes of conveyances of irrigation grandfathered rights and type 1 non-irrigation grandfathered rights, whether land to which the right is appurtenant is within...
- § 45-476 Application For Certificate Of Grandfathered Right
A. Except as provided in section 45-476.01, a person claiming the right to withdraw or receive and use groundwater pursuant to a grandfathered right...
- § 45-476.01 Late Applications For Certificates Of Grandfathered Rights; Definition
A. A person who claims the right to withdraw or receive and use groundwater in an initial active management area pursuant to a grandfathered...
- § 45-477 Right To Withdraw, Receive Or Use Groundwater In An Initial Active Management Area
A person shall not withdraw or receive and use groundwater in an initial active management area pursuant to a grandfathered right unless the certificate...
- § 45-477.01 Waiver And Relinquishment Of Grandfathered Rights In A Subsequent Active Management Area
A person who claims the rights to withdraw or receive and use groundwater in a subsequent active management area pursuant to a grandfathered right...
- § 45-478 Notice Of Requirement To Apply For Certificate Of Grandfathered Right
A. Within ninety days of the date of the designation of an active management area, the director shall give notice of the requirement to...
- § 45-479 Registry Of Applications; Written Objections; Request For Hearing
A. The director shall establish a registry of all applications received for a certificate of grandfathered right or a restoration of a retired irrigation...
- § 45-480 Review Of Applications; Investigations; Hearings; Final Determination; Judicial Review
A. Except as provided in subsection F of this section, the director shall review each application for a certificate of grandfathered right or a...
- § 45-481 Issuance Of Certificates; Contents; Recordation
A certificate of grandfathered right shall be issued in recordable form and shall contain: 1. The name and mailing address of the person to...
- § 45-482 Registry Of Certificates Of Grandfathered Right; Reporting; Definition
A. The director shall establish and maintain a registry of certificates of grandfathered rights for each active management area. The registry shall include a...
- § 45-483 Designation Of Protected Farmland; Notice; Revocation Of Designation; Irrigation Water Duty; Assured Water Supply Credit For Extinguishment Of Irrigation Grandfathered Right Prohibited
A. A person who owns land within an active management area that is legally entitled to be irrigated with groundwater pursuant to an irrigation...
Article 6 Groundwater Rights and Uses Within Service Areas
- § 45-491 Scope Of Article
A. In an active management area, a city, town, private water company or irrigation district may withdraw groundwater only pursuant to this article, except...
- § 45-492 Withdrawals By Cities, Towns And Private Water Companies Within Service Areas; Contract To Supply Groundwater
A. Except as provided in subsection D of this section, in an active management area, a city, town or private water company shall have...
- § 45-493 Limitations On Extensions Of Service Areas; Prohibition On Formation Of Private Water Company For Irrigation Purpose; Prohibition On Service Without Payment Of Tax
A. In an active management area, the service area of a city, town or private water company may not be extended primarily for any...
- § 45-494 Withdrawals By Irrigation Districts In Initial Active Management Areas
In an initial active management area established pursuant to section 45-411: 1. An irrigation district existing and engaged in the withdrawal, delivery and distribution...
- § 45-494.01 Addition And Exclusion Of Area By Irrigation Districts In Initial Active Management Areas
A. In an initial active management area, an irrigation district established pursuant to title 48, chapter 19 existing and engaged in the withdrawal, delivery...
- § 45-495 Withdrawals And Transportations By Irrigation Districts Within Subsequent Active Management Areas
In a subsequent active management area established pursuant to section 45-412: 1. An irrigation district existing and engaged in the withdrawal, delivery and distribution...
- § 45-496 Applicability Of General Transportation Provisions And Conservation Requirements
Withdrawals and transportation of groundwater by an irrigation district pursuant to this article are subject to: 1. The provisions of articles 8 and 8.1...
- § 45-497 Withdrawal Of Groundwater By Irrigation Districts For Municipal Or Industrial Purposes
A. This article shall not be construed to enlarge the authority of an irrigation district to withdraw and distribute groundwater for municipal or industrial...
- § 45-498 Maps Of Service Areas
A. Each city, town, private water company and irrigation district in an active management area shall maintain a current map clearly delineating its service...
Article 7 Groundwater Withdrawal Permits
- § 45-511 Definitions
In this article, unless the context otherwise requires: 1. " General industrial use" means a non-irrigation use of groundwater except those subject to permits...
- § 45-512 Categories Of Groundwater Withdrawal Permits
Except as provided in section 45-452, subsection H, section 45-513, subsection B and articles 5 and 6 of this chapter, a person may not...
- § 45-513 Dewatering Permit; Definition; Priorities For Use Of Groundwater; Conditions On Director; Duration Of Permit
A. Except as provided in subsection F of this section, a person who is engaged in or proposes to engage in the extraction and...
- § 45-514 Mineral Extraction And Metallurgical Processing Permit; Conditions For Issuance; Duration Of Permit
A. Except as provided in subsection D of this section, a person who is engaged in or proposes to engage in the extraction and...
- § 45-515 General Industrial Use Permits; Conditions For Issuance; Duration Of Permit
A. Except as provided in subsection D of this section, the director shall issue a permit to withdraw groundwater from a point outside of...
- § 45-516 Poor Quality Groundwater Withdrawal Permit; Conditions For Issuance; Duration Of Permit
A. The director may issue a permit to a non-irrigation user to withdraw poor quality groundwater if he determines that the groundwater to be...
- § 45-517 Temporary Permit For Electrical Energy Generation; Conditions For Issuance
A. The director shall, upon an adequate showing that an emergency exists, issue a temporary permit to a person engaged in the generation of...
- § 45-518 Temporary Dewatering Permit; Extensions; Emergency Temporary Dewatering Permit; Conditions For Issuance
(L92, ch 3, sec 5. Emergency.) A. The director may issue a temporary permit to a person to withdraw groundwater for dewatering purposes if...
- § 45-519 Drainage Water Withdrawal Permit; Conditions For Issuance
A. A person may apply for and the director may issue a drainage water withdrawal permit if the director determines that drainage of irrigated...
- § 45-519.01 Hydrologic Testing Permits; Conditions For Issuance
A. The director shall issue a permit to withdraw not more than three acre-feet of groundwater per year for the purpose of obtaining groundwater...
- § 45-520 Point Of Withdrawal; Location Of Use; Conveyance
A. A person who withdraws groundwater under a permit issued pursuant to this article may change his point or points of withdrawal only pursuant...
- § 45-521 Permit Application Form; Filing; Contents
Application for a permit to withdraw groundwater pursuant to this article shall be made on a form provided by the director which shall include...
- § 45-522 Correction Of Application
Upon receipt of an application, the director shall endorse on the application the date of its receipt and keep a record of the application....
- § 45-523 Notice; Objections; Hearing
A. Except as provided in section 45-518, subsection D and section 45-519.01, subsection F, when the permit application is determined complete and correct, the...
- § 45-524 Approval Or Rejection Of Permit Application
A. The approval or rejection of an application for a permit shall be endorsed on the application and dated. If the permit is denied,...
- § 45-525 Registry Of Permits; Reporting
A. The director shall establish and maintain a registry of permits for each active management area. The registry shall include a copy of each...
- § 45-526 Appeals
A person whose application is denied or a person who contested a permit by filing a proper objection pursuant to section 45-523 may seek...
- § 45-527 Modification Of Permit
A permittee may seek modification of an unexpired groundwater withdrawal permit and renewal of a permit within six months prior to the date of...
- § 45-528 Revocation Of Permits
A. After an administrative hearing in the active management area in which the use is located, the director may permanently, or temporarily, in whole...
Article 8 Transportation of Groundwater
Article 8.1 Withdrawals of Groundwater for Transportation to Active Management Area
Article 9 Management
- § 45-561 Definitions
In this article, unless the context otherwise requires: 1. " Aquifer" means a geologic formation that contains sufficient saturated materials to be capable of...
- § 45-562 Management Goals For Active Management Areas
A. The management goal of the Tucson, Phoenix and Prescott active management areas is safe-yield by January 1, 2025, or such earlier date as...
- § 45-563 Management Plans In Active Management Areas; Management Periods; General Provisions
A. The director shall develop a management plan for each initial active management area for each of five management periods pursuant to the guidelines...
- § 45-563.01 Water Conservation Report; Per Capita Use; Non-Per Capita Conservation Programs
At least once every three years the director shall issue a report containing: 1. The per capita water use in the service area of...
- § 45-563.02 Exemption From Irrigation Water Duties; Small Irrigation Grandfathered Rights; Criteria; Conservation Requirement; Exception
A. A person who is entitled to use groundwater pursuant to an irrigation grandfathered right is exempt from any irrigation water duties or intermediate...
- § 45-564 Management Plan For First Management Period; Guidelines
A. For the first management period, 1980 to 1990, the director shall promulgate management plans for the Phoenix, Tucson and Prescott active management areas...
- § 45-565 Management Plan For Second Management Period; Guidelines
A. For the second management period, 1990 to 2000, the director shall promulgate a management plan for each initial active management area not later...
- § 45-565.01 Non-Per Capita Conservation Program For Municipal Providers; Second Management Period
A. In addition to the provisions of the management plan for the second management period prescribed by section 45-565, subsection A, not later than...
- § 45-566 Management Plan For Third Management Period; Guidelines
A. For the third management period, 2000 to 2010, the director shall promulgate a management plan for each initial active management area not later...
- § 45-566.01 Non-Per Capita Conservation Program For Municipal Providers; Third Management Period
A. In addition to the provisions of the management plan for the third management period prescribed by section 45-566, subsection A, paragraph 2, no...
- § 45-566.02 Alternative Conservation Programs For Agriculture; Third Management Period
A. In addition to the provisions of the management plan for the third management period prescribed by section 45-566, subsection A, paragraph 1, the...
- § 45-567 Management Plan For Fourth Management Period; Guidelines
A. For the fourth management period, 2010 to 2020, the director shall promulgate a management plan for each initial active management area not later...
- § 45-567.01 Non-Per Capita Conservation Program For Municipal Providers; Fourth Management Period
A. In addition to the provisions of the management plan for the fourth management period prescribed by section 45-567, subsection A, the director shall...
- § 45-567.02 Alternative Conservation Programs For Agriculture; Fourth Management Period
A. In addition to the provisions of the management plan for the fourth management period prescribed by section 45-567, subsection A, paragraph 1, the...
- § 45-568 Management Plan For Fifth Management Period; Guidelines
A. For the fifth management period, 2020 to 2025, the director shall promulgate a management plan for each initial active management area not later...
- § 45-568.01 Non-Per Capita Conservation Program For Municipal Providers; Fifth Management Period
A. In addition to the provisions of the management plan for the fifth management period prescribed by section 45-568, subsection A, the director shall...
- § 45-568.02 Alternative Conservation Programs For Agriculture; Fifth Management Period
A. In addition to the provisions of the management plan for the fifth management period prescribed by section 45-568, subsection A, the director shall...
- § 45-569 Management Goals And Management Plans For Subsequent Active Management Areas
A. Within thirty days of the designation of a subsequent active management area pursuant to article 2 of this chapter, the director shall establish...
- § 45-570 Hearing On Management Plans; Notice; Procedures
A. The director shall hold a public hearing on each proposed management plan in each active management area prior to final adoption of the...
- § 45-571 Findings Upon Hearing; Order For Adoption Of Management Plan; Publication
A. Within thirty days after the hearing, the director shall make and file in the department a written summary and findings with respect to...
- § 45-571.01 Notification To Persons Filing Late Applications For Certificates Of Grandfathered Rights And To Persons With New Groundwater Rights Or Uses; Compliance; Variance; Review
A. The director, at the time a certificate of grandfathered right is issued pursuant to the late application procedures in section 45-476.01, shall establish...
- § 45-571.02 Municipal Conservation Requirements; Compliance
A. A municipal provider that has been given notice, in the manner prescribed in section 45-565, subsection B, of a municipal conservation requirement that...
- § 45-572 Modification Of Conservation Program; Notice
A. After a management plan is adopted, the director may modify the plan after public hearing pursuant to sections 45-570 and 45-571, except that...
- § 45-573 Water Quality Considerations; Consultation With Department Of Environmental Quality
The director shall consult with the department of environmental quality on water quality considerations in developing and implementing management plans under this article.
- § 45-574 Variances; Application; Notice; Hearing; Issuance
A. A person who requires additional time to comply with an irrigation water duty or conservation requirement established pursuant to section 45-565, 45-566, 45-566.01,...
- § 45-575 Administrative Review Of Irrigation Water Duty And Conservation Requirements
A. Any aggrieved party may request an administrative review of an irrigation water duty or conservation requirement established pursuant to section 45-565, 45-566, 45-566.01,...
- § 45-576 Certificate Of Assured Water Supply; Designated Cities, Towns And Private Water Companies; Exemptions; Definition
A. A person who proposes to offer subdivided lands, as defined in section 32-2101, for sale or lease in an active management area shall...
- § 45-576.01 Determining Consistency With Management Goal In A Replenishment District, Conservation District And Water District
A. For the purpose of determining whether an assured water supply exists, the director shall find that a groundwater replenishment district member's projected use...
- § 45-576.02 Replenishment District Plans, Conservation District Plans And Water District Plans
A. A groundwater replenishment district that is established pursuant to title 48, chapter 27 shall submit to the director: 1. On or before January...
- § 45-576.03 Director's Review Of Plans
A. Within sixty days after receiving a groundwater replenishment district's preliminary and long-range plans pursuant to section 45-576.02, the director shall determine if the...
- § 45-576.04 Report And Review Of Plans By Groundwater Replenishment District
A. At least once every five years after the final determination that a groundwater replenishment district's plan for operation is consistent with achieving the...
- § 45-576.05 Alternative Method For Determining Consistency With The Management Goal In A Groundwater Replenishment District; Terminating Designation
A. If at any time after January 1 of the calendar year following the year in which a groundwater replenishment district is required to...
- § 45-576.06 Termination Of Designation For Members Of Conservation District Or Members Of Water District; Moratorium On Adding New Member Lands And Member Service Areas
A. After a conservation district has been established under title 48, chapter 22, if one or more of the conditions established under section 45-576.01,...
- § 45-576.07 Determining Water Sufficiency And Availability; Water Availability Status Capability Plans
A. For the purposes of determining whether to designate or maintain the designation of a city, town or private water company as having an...
- § 45-577 Application; Hydrological Study; Review Of Application
A. The director shall prescribe the form of application for a certificate of assured water supply, to include, as applicable: 1. The legal description...
- § 45-578 Notice; Objections; Hearing; Issuance Of Certificate; Appeals
A. The director shall give notice of the application for a certificate of assured water supply once each week for two consecutive weeks in...
- § 45-579 Assignment Of Certificate Of Assured Water Supply; Definition
A. A holder of a certificate of assured water supply issued pursuant to section 45-576 may assign the certificate, in whole or in part,...
- § 45-580 Assured And Adequate Water Supply Administration Fund; Purpose
A. The assured and adequate water supply administration fund is established consisting of the fees that are paid to the department for applications relating...
Article 10 Wells
- § 45-591 Definitions
In this article, unless the context otherwise requires: 1. " Existing well" means a well which was drilled before June 12, 1980 and which...
- § 45-591.01 Oil, Gas, Helium And Geothermal Wells; Exemption
Wells drilled for oil, gas or helium pursuant to the provisions of title 27 are not wells as defined in this chapter. The director,...
- § 45-592 Wells In General
A. A person may construct, replace or deepen a well in this state only pursuant to this article and section 45-834.01. The drilling of...
- § 45-593 Registration Of Existing Wells; Permanent Record Of All Wells; Reporting Open Wells
A. On or before June 12, 1982, a person who owns an existing well which is or has been used to withdraw or monitor...
- § 45-594 Well Construction Standards; Remedial Measures
A. The director shall adopt rules establishing construction standards for new wells and replacement wells, the deepening and abandonment of existing wells and the...
- § 45-595 Well Construction Requirements; Licensing Of Well Drillers
A. New well construction, including modifications of wells, shall be performed under the direct and personal supervision of a well driller who holds a...
- § 45-596 Notice Of Intention To Drill; Fee
A. In an area not subject to active management, a person may not drill or cause to be drilled any well or deepen an...
- § 45-596.01 Additional Information Required With Notice Of Intention To Drill Well To Pump Colorado River Water; Exception
(Conditionally Eff.) In addition to the information required by section 45-596, a person who files a notice of intention to drill a well that...
- § 45-597 Deepening And Replacement Of Wells In Active Management Areas; Filing Of Notice
A. A person entitled to withdraw groundwater in an active management area or a person entitled to recover stored water pursuant to section 45-834.01...
- § 45-598 New Wells And Replacement Wells In New Locations In Active Management Areas; Rules; Permit Required
A. The director shall adopt rules governing the location of new wells and replacement wells in new locations in active management areas to prevent...
- § 45-599 Permit Application; Contents; Correction Of Defective Application; Issuance Of Permit; Fee
A. An application for a permit to construct a new well or replacement well in a new location shall be made on a form...
- § 45-600 Filing Of Report By Driller; Filing Of Completion Report
A. A well driller shall maintain a complete and accurate log of each well drilled. Within thirty days of completion of the drilling of...
- § 45-601 Operating Rules For Multiple Wells
The director may adopt rules governing pumping patterns of persons who withdraw groundwater or recover stored water, as defined in section 45-802.01, from multiple...
- § 45-602 Capping Of Wells; Waste
A. Groundwater which has been withdrawn shall not be allowed to waste. To effectuate the purposes of this section, the director shall: 1. Require...
- § 45-603 Criteria For Rules And Regulations
In developing rules and regulations under this article, the director shall consider, among other things, water quality, cones of depression and land subsidence.
- § 45-604 Water Measuring Devices
A. Except as provided in subsections B, C and D of this section, a person who withdraws groundwater from a nonexempt well in an...
- § 45-605 Well Inspections; Cross-Contamination; Remedial Measures; Definition
A. The director of water resources, in consultation with the director of environmental quality, may inspect wells for vertical cross-contamination of groundwater by hazardous...
- § 45-606 Well Administration And Enforcement Fund; Purpose
A. The well administration and enforcement fund is established consisting of fees paid to the department pursuant to section 45-596, subsection L and section...
Article 11 Financial Provisions
- § 45-611 Groundwater Withdrawal Fee; Amounts And Purposes Of Fee; Exception
A. Except as provided in subsection B of this section, the director shall levy and collect an annual groundwater withdrawal fee from each person...
- § 45-612 Administration And Enforcement Withdrawal Fee; Exemption From Lapsing; Disposition Of Excess Monies
A. Each year the legislature shall appropriate sufficient monies to the department to cover all costs of administration and enforcement of this chapter. B....
- § 45-613 Use Of Withdrawal Fees Collected For Augmentation And Conservation And Purchase And Retirement Of Grandfathered Rights
A. Except as provided in section 45-615, paragraph 2 and sections 45-1972 and 48-4504, monies collected in an active management area for purposes of...
- § 45-614 Setting Groundwater Withdrawal Fee; Statement Entered In Record; Statement Transmitted To State Treasurer; Notice; Payment; Penalty
A. The director, not later than October 1 each year, shall set the groundwater withdrawal fee for each active management area for the following...
- § 45-615 Deposits; Divisions Of Collections Into Funds
Except as provided in section 45-113, subsection C, the director shall deposit, pursuant to sections 35-146 and 35-147, all monies collected by the department...
- § 45-616 Water Quality Assurance Fee; Disposition Of Revenue
A. The director shall levy and collect, in a form prescribed by the department, an annual water quality assurance fee from each person who...
- § 45-617 Augmentation And Conservation Assistance Fund Grants
The director may grant monies, either on a reimbursable basis or by advancing grant monies, from an active management area's augmentation and conservation assistance...
- § 45-618 Arizona Water Quality Fund
A. An Arizona water quality fund is established for agency participation in activities related to title 49, chapter 2, article 5 and coordination of...
Article 12 Enforcement
- § 45-631 Definition
In this article, unless the context otherwise requires, " person" means an individual, public or private corporation, company, partnership, firm, association, society, estate, trust,...
- § 45-632 Records And Annual Report Of Groundwater Pumping, Transportation And Use; Penalty
A. Each person who is required to file an annual report under this section or who files an annual report under subsection E of...
- § 45-633 Inspections, Investigations And Audits
A. The director or the director's authorized representative may enter at reasonable times upon private or public property where a well, including a well...
- § 45-634 Cease And Desist Order; Temporary Cease And Desist Order; Hearing; Injunctive Relief
A. Except as provided by subsection B of this section, if the director has reason to believe that a person is violating or has...
- § 45-635 Violation; Civil Penalties
A. A person who is determined pursuant to section 45-634 to be in violation of this chapter or a permit, rule, regulation or order...
- § 45-636 Violation; Classification
A. Unless otherwise specified, a person who knowingly violates or refuses to comply with a provision of this chapter or a permit, rule, regulation...
Article 15 Certificate of Groundwater Oversupply
Chapter 3 UNDERGROUND WATER STORAGE, SAVINGS AND REPLENISHMENT
Article 1 General Provisions
Article 2 Storage Facility Permits
Article 3 Water Storage Permits and Recovery Well Permits
Article 3.1 Indian Water Rights Settlements
Article 4 Accounting
- § 45-851.01 Recovery Of Stored Water On An Annual Basis
A. Except as provided in subsections B and E of this section, a storer may recover the recoverable amount of water stored after January...
- § 45-852.01 Long‑term Storage Accounts
A. The director shall establish one long-term storage account for each person holding long-term storage credits. The director shall establish subaccounts within the long-term...
- § 45-853.01 Restricted Uses Of Long-Term Storage Credits
A. If the director has included an amount of long-term storage credits under section 45-855.01: 1. In determining whether to issue a certificate of...
- § 45-854.01 Assignability Of Long-Term Storage Credits
A. Except as provided in section 45-855.01, subsection C, the holder of long-term storage credits may assign by grant, gift, sale, lease or exchange...
- § 45-855.01 Effect Of Long-Term Storage Credits On Assured Water Supply And Adequate Water Supply
A. In an active management area, except as provided in section 45-853.01, subsection C, and on the request of a person who holds long-term...
- § 45-856.01 Protection Of The Stored Water
A. Except as provided in subsection B or E of this section, in an active management area the director shall not issue any of...
- § 45-857.01 Groundwater Replenishment District Incidental Replenishment Factor; Definitions
A. With respect to a groundwater replenishment district and not later than the first day of each reporting year, the director shall determine the...
- § 45-858.01 Master Replenishment Account; Debits And Credits
A. The director shall establish a long-term storage account and a master replenishment account for each groundwater replenishment district. B. The director shall compute...
- § 45-859.01 Conservation District Account; Replenishment Reserve Subaccount; Debits And Credits
A. The director shall establish a long-term storage account and a conservation district account for each active management area in which a member land...
- § 45-860.01 Water District Account; Debits And Credits
A. The director shall establish a long-term storage account and a water district account for the active management area in which a water district...
Article 5 Permit Application Procedures, Financial Provisions and Enforcement
Article 6 State Demonstration Projects
- § 45-891.01 Purposes
It is declared that the public policy of this state and the general purposes of this article are: 1. To protect the general economy...
- § 45-892.01 Definitions
In this article, unless the context otherwise requires: 1. " Excess central Arizona project water" means central Arizona project water that in any year...
- § 45-893.01 Application For Project Permits; Application Requirement; Permit Specifications
A. A conservation district may apply to the director pursuant to articles 2 and 3 of this chapter for project permits for one or...
- § 45-894.01 Use For Replenishment Purposes
A. After the qualification of any real property as member land pursuant to section 48-3774 or the qualification of any service area as a...
- § 45-895.01 Storage Of Water; Availability And Disposition Of Stored Water
A. Water that is stored in a state demonstration project, that is purchased with monies from the state water storage fund established by section...
- § 45-896.01 Assumption Of Responsibility For Stored Water
A. Notwithstanding section 45-895.01, if a groundwater replenishment district is established pursuant to title 48, chapter 27 on or before July 1, 1996 in...
- § 45-897.01 State Water Storage Fund; Disbursement Of Monies
A. A state water storage fund is established to be administered by the director as provided in this article. The fund shall be divided...
- § 45-898.01 Indemnification And Insurance
For purposes of this article only, when proposing, obtaining permits for, acquiring property for or constructing, operating, maintaining, terminating or dismantling a state demonstration...
Chapter 4 WATER EXCHANGES
Article 1 General Provisions
Article 2 Enrollment of Water Exchange Contracts
Article 3 Permits for Water Exchanges
Article 4 Water Exchanges Pursuant to Notice
Article 5 Enforcement
Chapter 6 DAMS AND RESERVOIRS
Article 1 Supervision of Dams, Reservoirs and Projects
- § 45-1201 Definitions
In this article, unless the context otherwise requires: 1. " Dam" means any artificial barrier, including appurtenant works for the impounding or diversion of...
- § 45-1202 Jurisdiction Of Director Of Water Resources; Records; Rules; Notice Of Exemption
A. All dams are under the jurisdiction of the director of water resources. Dams of the state, or any political subdivisions thereof, or dams...
- § 45-1203 Approval By Director Of Proposed Dams Or Enlargements Of Existing Dams; Application For Construction Or Enlargement
A. Construction of a dam or enlargement of an existing dam shall not be commenced until a written approval of plans and specifications has...
- § 45-1204 Estimated Cost Of Dam; Application Fees
A. The estimated cost of the dam or alterations thereof shall include the cost of all labor and materials entering into the construction of...
- § 45-1205 Charges Against Irrigation Projects; Disposition Of Proceeds
A. Upon all projects for which approval is required by the state certification board, or which involve examination, supervision and inspection by the director,...
- § 45-1206 Approval Of Repair, Alteration Or Removal Of Dam
A. Before commencing the repair, alteration or removal of a dam, application shall be made for written approval by the director, except as otherwise...
- § 45-1207 Approval Or Disapproval Of Applications; Commencing Construction
A. Upon receipt of an application, the director shall approve, disapprove or approve subject to conditions necessary to insure safety. B. A defective application...
- § 45-1208 Inspections And Investigations During Construction; Modifications; Notice
A. During the construction, enlargement, repair, alteration or removal of a dam the director shall make such inspections, investigations or examinations as he deems...
- § 45-1209 Notice Of Completion; License Of Final Approval; Removal Of Dam
A. Immediately upon completion or enlargement of a dam, notice of completion shall be given to the director. As soon as possible thereafter supplementary...
- § 45-1210 Petition For Review
Except as otherwise provided in this article, a petition for review by a board of review of any approval, disapproval or order of the...
- § 45-1211 Time For Filing Petition; Board Of Review
A. The petition for review shall be in writing and shall be filed with the director within ten days after issuance of the approval,...
- § 45-1212 Supervision Over Maintenance And Operation; Remedial Measures; Lien
A. Supervision over the maintenance and operation of dams to safeguard life and property is vested exclusively in the director. The director shall make...
- § 45-1212.01 Dam Repair Fund
A. The dam repair fund is established consisting of monies appropriated by the legislature, and monies collected by the director in full or partial...
- § 45-1213 Inspection Upon Complaint
Upon receipt of a written complaint that the person or property of the complainant is endangered by any dam, the director shall inspect such...
- § 45-1214 Investigations For Review Of Design And Construction
The director shall make investigations and assemble data for a proper review and study of the design and construction of dams, reservoirs and appurtenances,...
- § 45-1215 Liabilities Of State And Owners Of Dam In Action For Damages
A. No action shall be brought or maintained against the state, or any of its departments, agencies or officials thereof, or any of their...
- § 45-1216 Violations; Classification
A. It is unlawful for an owner, director, officer, agent, employee, contractor or his agents to construct, reconstruct, repair, enlarge, alter or remove a...
- § 45-1217 Action And Procedures To Restrain Violations
A. The director may take any legal action proper and necessary for the enforcement of this chapter. B. An action or proceeding under this...
- § 45-1218 Dam Repair Loans
A. The director may grant loans from the dam repair fund to dam owners to defray the costs of repairing dams which the director...
- § 45-1219 Dam Repair Grants
The director may provide grants from the dam repair fund to dam owners to defray the costs of repairing dams which the director determines...
- § 45-1220 Deposit Of Monies; Dam Repair Fund
A. Monies appropriated by the legislature for nonemergency dam repair, dam safety inspection fees collected pursuant to section 45-113, filing fees collected pursuant to...
- § 45-1221 Cease And Desist Order; Temporary Cease And Desist Order; Hearing; Injunctive Relief
A. Except as provided by subsection B of this section, if the director has reason to believe that a person is violating or has...
- § 45-1222 Violation; Civil Penalties
A. A person who is determined pursuant to section 45-1221 to be in violation of this article or a license, rule or order issued...
- § 45-1223 Stay Of Director's Decision; Precedence Of Actions For Judicial Review
A. A decision of the director shall not be stayed pending an action for judicial review, except that the judge to whom the action...
Chapter 7 INTERSTATE STREAMS
Article 1 Lake Mead Contract
Article 2 Colorado River Compact
- § 45-1311 Ratification
The Colorado River compact executed at Santa Fe, New Mexico, November 24, 1922, by representatives of the states of Arizona, California, Colorado, Nevada, New...
Article 3 Upper Colorado River Basin Compact
- § 45-1321 Ratification
The upper Colorado river basin compact executed in Santa Fe, New Mexico, on October 11, 1948, by representatives of the States of Arizona, Colorado,...
Article 4 Distribution of Federal Funds Derived From Colorado River
Chapter 8 FLOOD CONTROL
Article 1 Cooperation by Counties, Cities and Towns With Federal Government
Article 2 Special Laws Pertaining to Particular Municipalities
- § 45-1421 Power Of Town Of Holbrook To Cooperate With Federal Government In Flood Control Project
A. In addition to the general powers vested in towns, the town of Holbrook is empowered to furnish to the secretary of defense such...
- § 45-1422 Power Of Mohave And Yuma Counties To Cooperate With Federal Government In Flood Control Project
A. In addition to the general powers vested in counties and the governing bodies thereof, the counties of Mohave and Yuma are empowered to...
- § 45-1423 Power Of Maricopa And Yuma Counties To Cooperate With Federal Government In Flood Control Projects
A. In addition to the general powers vested in counties, the counties of Maricopa and Yuma and the governing bodies thereof are empowered to...
- § 45-1424 Power Of Maricopa And Pinal Counties To Cooperate With Federal Government In Flood Control Projects
A. In addition to the general powers vested in counties, the counties of Maricopa and Pinal and the governing bodies thereof are empowered to...
- § 45-1425 Power Of Pinal County To Cooperate With And Receive Assistance From The United States In Flood Control Projects
A. The board of supervisors of Pinal county is empowered to cooperate with and receive assistance from the United States or any instrumentality, department...
- § 45-1426 Limitations On Powers
Notwithstanding section 45-1425, the board of supervisors of Pinal county shall not exercise any power or authority granted by section 45-1425, nor shall it...
- § 45-1427 Power Of Cochise, Graham And Gila Counties And The Towns Of Safford And Thatcher And The City Of Douglas To Cooperate With The United States In Flood Control Projects
A. The boards of supervisors of Cochise, Graham and Gila counties and the governing bodies of the towns of Safford and Thatcher and the...
- § 45-1428 Limitations On Powers
Notwithstanding section 45-1427, neither the boards of supervisors of Cochise, Graham or Gila counties nor the governing bodies of the towns of Safford or...
- § 45-1429 Power Of Santa Cruz County To Cooperate With And Receive Assistance From The United States In Flood Control Projects
A. The board of supervisors of Santa Cruz county is empowered to cooperate with and receive assistance from the United States or any instrumentality,...
Article 3 Flood Control Assistance
- § 45-1441 Definitions
In this chapter, unless the context otherwise requires: 1. " Design flood" means a selected flood against which protection is provided, or eventually will...
- § 45-1442 Investigation And Certification By Director Of Water Resources
Any public agency may request the director of water resources to investigate any flood control project in this state and report to the legislature...
- § 45-1443 Limitation On Expenditure Of Funds
A. The director shall not disburse any funds for a flood control project defined by section 45-1441, paragraph 3, subdivision (a) until the legislature...
- § 45-1444 Flood Plain Regulations; Effect Of Failure To Adopt
The director shall not disburse any monies pursuant to this chapter to pay any costs of lands, easements and rights-of-way for a flood control...
- § 45-1445 Flood Control Assistance Fund; Limit Of Financial Assistance
A. A flood control assistance fund is established. All or part of an appropriation to the fund may be allocated for a specific flood...
- § 45-1446 Time For Determining Costs; Change Of Determination
A. The state's portion of the costs of lands, easements and rights-of-way shall be determined by the director at or prior to the time...
- § 45-1447 State And United States Held Harmless; Nonliability
The director shall not disburse any monies appropriated pursuant to this chapter or any special appropriations for flood control unless and until a public...
- § 45-1448 Disbursement To Public Agencies
A. Money appropriated to the director for flood control projects shall be disbursed to public agencies upon order of the director after application by...
- § 45-1449 Report To Legislature
The director shall report to the legislature, within fifteen days after the commencement of each regular session, on the disbursal or refusal to disburse...
- § 45-1450 Consideration Of Water Uses In Studying Flood Control Projects
In studying flood control projects, the director shall give full consideration to all beneficial uses of the state's water and other natural resources, including,...
- § 45-1451 Powers And Duties Of Director
A. The director, or his duly authorized representative, may call, conduct, attend or otherwise participate in conferences or hearings, official or unofficial, within or...
Article 4 Alternative Assistance
Article 5 Flood Control Loans
- § 45-1491 Flood Control Loans
A. The director of water resources may grant loans to defray the cost to a county flood control district, organized pursuant to title 48,...
Article 6 Flood Warning Systems
- § 45-1501 Definitions
In this article, unless the context otherwise requires: 1. " Flood warning system" means a project or series of projects to detect floods and...
- § 45-1502 Powers
The director may: 1. Cooperate and coordinate with the federal government or any of its departments or agencies and local entities to establish a...
- § 45-1503 Flood Warning System Fund
A. A flood warning system fund is established for developing a flood warning system, purchasing flood warning system equipment and providing assistance to local...
- § 45-1504 Flood Warning System Grants
A. The director may grant monies from the flood warning system fund established by section 45-1503 either by advancing monies or by making reimbursements...
- § 45-1505 Operation And Maintenance Of Flood Warning System
A. The local entity with an intergovernmental agreement with the director regarding a component of a flood warning system is responsible for the operation...
- § 45-1506 Immunity Of State From Liability For Losses
This state, its departments, agencies, officials, employees and agents and any local entities as defined in section 45-1501 are immune from liability for losses...
Chapter 9 WEATHER CONTROL AND CLOUD MODIFICATION
Article 1 In General
- § 45-1601 License Required
No person or corporation, other than the United States and its administrative agencies or the state shall, without having first received a license from...
- § 45-1602 Application For License
Any individual or corporation who proposes to operate weather control or cloud modification projects or attempts to artificially induce rainfall shall, before engaging in...
- § 45-1603 Application Fee; Statement Accompanying Application
A. At the time of applying for the license, the applicant shall pay to the director a fee of one hundred dollars, and shall...
- § 45-1604 Reports Required From Licensees; Failure To File; Revocation Of License
Each licensee shall, within ninety days after conclusion of any weather control or cloud modification project, file with the director a final evaluation of...
- § 45-1605 Equipment License; Fee; Application; Reports Required; Revocation Of License
A. Any individual or corporation engaging in manufacturing, selling or offering for sale, leasing or offering to lease, licensing or offering to license equipment...
- § 45-1606 Exception
Nothing in this article shall be construed to prohibit the use and operation of equipment and supplies designed for the purpose of weather control...
- § 45-1607 Violations; Classification
Any person conducting weather control or cloud modification operations without first having procured a license as provided by this article, or who knowingly makes...
Chapter 10 STATE WATER AND POWER PLAN
Article 1 In General
- § 45-1701 Declaration Of Purpose And Policy
The legislature declares and finds: 1. That the development of an adequate supply of water for agriculture, municipal, industrial and fish and wildlife uses...
- § 45-1702 Definitions
In this article, unless the context otherwise requires: 1. " Authority" means the Arizona power authority created pursuant to title 30, chapter 1. 2....
- § 45-1703 State Water And Power Plan
A. A water and power plan for the state is established consisting of all or part of the following works and facilities: 1. Central...
- § 45-1704 Construction, Acquisition And Operation
A. The director of water resources may plan, construct, operate and maintain the central Arizona project, or any portion of the project, and any...
- § 45-1705 Construction Of Works Across Public Or Private Property
The director or authority may construct facilities or works pursuant to this article across any stream of water, watercourse, street, avenue, highway, railway, canal,...
- § 45-1706 Right Of Eminent Domain
A. Condemnation proceedings may be brought by the director or authority and all laws of the state relating to the exercise of the right...
- § 45-1707 Issuance Of Bonds And Notes
A. The authority: 1. Shall have the power and is authorized from time to time to issue its negotiable bonds and notes in such...
- § 45-1708 Contracts
A. The director may enter into and carry out contracts with water users for the delivery of Colorado river water through the facilities of...
- § 45-1709 General Powers
The director and the authority, respectively, may: 1. Cooperate with the appropriate agencies or officials of the federal government and of the state and...
- § 45-1710 Powers Of Municipalities, Districts And Other Public Bodies And Officers
Notwithstanding any provision of law but subject to the exceptions prescribed by this section, all municipalities, districts and other public bodies are authorized and...
- § 45-1711 State Water And Power Development Fund
The state water and power development fund is established. The resolution or trust indenture of the authority securing the bonds or notes shall fix...
- § 45-1712 Agreement Of State
The state of Arizona does pledge to and agree with the holders of the bonds and notes that the state will not limit or...
- § 45-1713 Exemption From Taxation
The director and the authority shall be regarded as performing a governmental function in undertaking and carrying out the state water and power plan...
- § 45-1714 Remedies Of Bondholders And Noteholders
A. In the event the authority defaults in the payment of principal of or interest on any issue of bonds or notes after the...
- § 45-1715 Certification Of Bonds By Attorney General
The authority may submit to the attorney general of the state of Arizona any bonds to be issued under this article after all proceedings...
- § 45-1716 State Not Liable On Bonds And Notes
Neither the state nor any political subdivision thereof shall be liable on the bonds or notes of the authority and such bonds and notes...
- § 45-1717 Bonds And Notes Legal Investments
The bonds and notes are hereby made securities in which all public officers and bodies of the state and all municipalities and political subdivisions,...
- § 45-1718 Water Rights
Nothing contained in this article shall be construed as affecting or be intended to affect or to in any way interfere with the laws...
- § 45-1719 Reversion Of Projects To State
When all bonds and notes issued under the provisions of this article to finance the state water and power plan and the interest thereon...
- § 45-1720 No Jurisdiction Of Arizona Corporation Commission
The rates, services and practices relating to the generation, transmission, distribution and sale of power or to the distribution and sale of water pursuant...
- § 45-1721 Joint Ownership Of Power Projects
Notwithstanding anything to the contrary in this chapter or in title 30, chapter 1, the Arizona power authority may participate in the Montezuma pumped...
- § 45-1722 Exclusive Law
The powers conferred by this article shall be in addition to and supplemental to the powers conferred by any other law, general or special....
Chapter 11 COUNTY WATER AUGMENTATION AUTHORITY
Article 1 Formation and Dissolution
- § 45-1901 Definitions
In this chapter, unless the context otherwise requires: 1. " Active management area" means an active management area established under chapter 2 of this...
- § 45-1902 Formation
A. An authority may be established in any active management area in which all of the following conditions exist on the date the authority...
- § 45-1903 Contest Of Formation; Appeal
Any aggrieved person or entity may contest the formation of an authority under this chapter by filing an action in superior court in the...
- § 45-1904 Corporate Existence
An authority is a corporate and political body that may act in its official corporate name and has all of the rights and immunities...
- § 45-1905 Dissolution Of Authority
A majority of the board may propose that the authority be dissolved, but only if all contractual obligations and debts of the authority are...
Article 2 Administration
Article 3 Powers and Duties
- § 45-1941 Cooperation With Governmental Entities
A. The authority shall cooperate, coordinate and confer with the director of water resources, state agencies, special districts, authorities and other political subdivisions of...
- § 45-1942 Limitation On Powers
This chapter shall not be construed to modify, alter or change the functions, powers, duties, rights and liabilities prescribed under chapters 1, 2 and...
- § 45-1943 Functional Powers Of Board
The board, for and in the name of the authority, may: 1. Acquire in any lawful manner, except as limited by this chapter, and...
- § 45-1944 Planning
In conjunction and cooperation with local governmental entities and the director of water resources, the authority shall: 1. Within one year of the authority's...
- § 45-1945 Acquisition Of Water
A. The authority may: 1. Negotiate to acquire in its own name, or on behalf of an operating unit located within the authority's boundaries,...
- § 45-1946 Acquisition Of Property; Limited Eminent Domain Authority; Survey And Inspection Rights
A. The legal title to all property and property rights acquired under this chapter vests in the authority and shall be held for the...
- § 45-1947 Construction Work And Purchases By Bid Only; Exceptions; Award Of Contract; Bond
A. The construction of projects or facilities undertaken by the authority shall be by contract and not by force account. The authority may enter...
Article 4 Financial Provisions
Article 5 Revenue Bonds
- § 45-1991 Authority To Issue Bonds
If the authority finds other financing methods or procedures inadvisable, inadequate or insufficient to acquire or construct projects, works or facilities, it may independently...
- § 45-1992 Prerequisites To Issuance
No revenue bonds may be issued until provision is made by contracts pursuant to this chapter adequate in the judgment of the board to...
- § 45-1993 Scope Of Resolution
A. Resolutions for a bond issue or issues shall state the amount of the proposed issue or issues, the proposed interest rate and types...
- § 45-1994 Hearing; Findings
A. The chairman of the board, at the earliest practical date, shall fix a time and place for a hearing at least twenty but...
- § 45-1995 Issuance Of Bonds
Bonds issued under this article shall be authorized by resolution of the authority and may be issued in one or more series, shall bear...
- § 45-1996 Provisions Of Bonds; Sale
A. The bonds shall provide that: 1. The bond is purchased and taken after a complete disclosure and with a full knowledge of all...
- § 45-1997 Certification Of Bonds By Attorney General
The board may submit any bonds issued under this article to the attorney general after all proceedings for their authorization have been completed. On...
- § 45-1998 Validity Of Bonds
This chapter constitutes full authority for authorizing and issuing bonds without reference to any other law of this state. No other law with regard...
- § 45-1999 Water Augmentation Authority Bonds As Legal Investments
County water augmentation authority bonds issued under this article are securities in which public officers and bodies of this state and of municipalities and...
Chapter 12 ARIZONA WATER PROTECTION FUND
Article 1 General Provisions
- § 45-2101 Declaration Of Policy
A. It is the declared policy of the legislature to provide for a coordinated effort for the restoration and conservation of the water resources...
- § 45-2102 Definitions
In this chapter, unless the context otherwise specifies: 1. " Commission" means the Arizona water protection fund commission. 2. " Fund" means the Arizona...
- § 45-2103 Arizona Water Protection Fund Commission
A. The Arizona water protection fund commission is established and consists of two ex officio members, two advisory members and nine appointed members who...
- § 45-2104 Powers And Duties; Limitations
A. The powers and authority vested in and the duties imposed on the members of the commission shall be exercised by a quorum of...
- § 45-2105 Application Guidelines
Before any monies are granted pursuant to section 45-2113, and by July 1, 1995, and every three years thereafter, the commission shall develop in...
- § 45-2106 Public Involvement
A. The commission is subject to the provisions of title 38, chapter 3, article 3.1 and title 39, chapter 1. B. The commission shall...
- § 45-2107 Reporting
Beginning July 1, 1996, and on July 1 every year thereafter, the commission shall submit a detailed report to the governor, the president of...
Article 2 Financial Provisions
- § 45-2111 Arizona Water Protection Fund
A. The Arizona water protection fund is established. The commission shall administer the fund. B. The commission may grant monies from the fund to...
- § 45-2112 Funding Sources
A. The fund shall consist of monies collected pursuant to section 48-3715.05. B. In addition to the amounts prescribed in subsection A of this...
- § 45-2113 Fund Grants; Applications
A. The commission shall grant monies from the fund consistent with the application guidelines developed pursuant to section 45-2105. The commission shall establish a...
- § 45-2114 Administration
A. The director shall provide administrative, technical and legal support to the commission to the extent funding is available as prescribed by subsection B...
Chapter 13 COUNTY WATER AUTHORITY
Article 1 Formation and Dissolution
- § 45-2201 Definitions
In this chapter, unless the context otherwise requires: 1. " Agricultural use" means water used primarily in the commercial production of agricultural crops or...
- § 45-2202 Formation
A. An authority may be formed in any county with a population of more than ninety thousand persons and less than one hundred twenty...
- § 45-2203 Contest Of Formation; Appeal
A. Any aggrieved person or entity may contest the formation of the authority under this chapter by filing an action in the superior court...
- § 45-2204 Corporate Existence; Exemption From Regulation
A. The authority is a corporate and political body that may act in its official corporate name and shall have all of the rights...
- § 45-2205 Dissolution Of Authority
A. The authority may be dissolved only by a unanimous vote of the directors who are appointed by authority members pursuant to section 45-2221,...
Article 2 Administration
Article 3 Powers and Duties
- § 45-2241 Cooperation With Governmental Entities
A. The authority shall cooperate, coordinate and confer with the director of water resources, state agencies, municipal corporations, special districts, authorities, other political subdivisions...
- § 45-2242 Functional Powers Of The Board
A. The board, for and in the name of the authority, may: 1. Lawfully acquire, sell, lease, exchange, occupy, manage, possess or otherwise dispose...
- § 45-2243 Limitation On Powers
This chapter does not authorize the authority to: 1. Exercise any right of eminent domain. 2. Levy any ad valorem or excise tax provided...
- § 45-2244 Acquisition And Disposition Of Initial Quantity Of Water
A. The authority, acting through its board, shall apportion the rights to the delivery of the first eighteen thousand five hundred acre-feet per year...
- § 45-2245 Acquisition And Disposition Of Water In Excess Of Initial Quantity
A. The authority may contract with the United States for the delivery of Colorado river water in excess of the initial eighteen thousand five...
Article 4 Construction Contract
Article 5 Financial Provisions
Chapter 14 ARIZONA WATER BANKING AUTHORITY
Article 1 General Provisions
- § 45-2401 Declaration Of Policy And Purpose
A. The legislature finds that this state is currently and temporarily underutilizing both the entitlement to Colorado river water confirmed to it by the...
- § 45-2402 Definitions
Unless the context otherwise requires, the terms defined in sections 45-101, 45-402 and 45-802.01 have the same meaning in this chapter and for purposes...
Article 2 Arizona Water Banking Authority
- § 45-2421 Arizona Water Banking Authority
A. The Arizona water banking authority is established. The purposes, powers and duties of the authority shall be executed by a commission to be...
- § 45-2422 Organization Of Commission; Powers And Duties; Exemption
A. The commission shall select a vice-chairperson and a secretary from among its membership who shall each hold office for terms of two years...
- § 45-2423 Powers And Duties Of Authority
A. The authority, acting through its commission, shall: 1. Administer the Arizona water banking fund in accordance with this chapter. 2. Coordinate its staffing...
- § 45-2424 Administration
A. The director shall provide administrative, technical and legal support to the authority to the extent requested by the authority. The director may hire...
- § 45-2425 Arizona Water Banking Fund
A. The Arizona water banking fund is established and shall include subaccounts based on funding sources. The authority shall administer the banking fund in...
- § 45-2426 Annual Report
A. The commission shall make and submit to the governor, president of the senate and speaker of the house of representatives on or before...
- § 45-2427 Limitation On Powers
A. This chapter does not authorize the authority to exercise any right of eminent domain. B. Except as provided in subsection E of this...
Article 3 Water Bank Planning and Implementation
Article 4 Interstate Water Banking
Article 5 Indian Firming Measures
Chapter 15 GILA RIVER INDIAN COMMUNITY WATER SETTLEMENT PROGRAM
Article 1 Administration
Article 2 Transportation of Underground Water and Stored Water Away from Eastern Protection Zones and Western Protection Zones
Article 3 Replenishment of Underground Water and Stored Water Withdrawn in Eastern Protection Zones and Western Protection Zones
Article 4 Dams Within Gila River Maintenance Area
Article 5 Irrigation of New Lands Within Gila River Maintenance Area
Article 6 Enforcement
Chapter 16 TOHONO O'ODHAM WATER SETTLEMENT PROGRAM
Article 1 General Provisions
- § 45-2701 Definitions
Unless the context otherwise requires, the terms defined in sections 45-402 and 45-802.01 have the same meaning in this chapter and for the purposes...
- § 45-2702 Jurisdiction
The superior court that has jurisdiction over the general adjudication of all rights to use water in the Gila river system and source has...
Article 2 San Xavier Reservation Water Protection Program
Last modified: October 13, 2016